Судебная система Англии и Уэльса: структура и руководство

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the courts

There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom wide jurisdiction also sit in England and Wales, particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary. By statute, judges are guaranteed continuing judicial independence. There have been multiple calls from both Welsh academics and politicians however for a Wales criminal justice system. The following is a list of the various types of judges who sit in the Courts of England and Wales:

Since 3 April 2006, the Lord Chief Justice has been the overall head of the judiciary. Previously they were second to the Lord Chancellor, but the judicial functions of that office were transferred to the Lord Chief Justice under the Constitutional Reform Act 2005. The Lord Chief Justice is also the President of the Courts and holds, amongst some 400 statutory functions, positions such as the head of the Criminal Division of the Court of Appeal. Historically they were also President of the King's Bench Division of the High Court, but on becoming head of the judiciary that responsibility was transferred to a new office. The Lord Chief Justice is responsible for arranging training for the judiciary, which is achieved through the Judicial College. Although the Lord Chancellor is no longer a judge, he still exercises disciplinary authority over the judges, jointly with the Lord Chief Justice. He also has a role in appointing judges, through control of the Judicial Appointments Commission. In law reports, the Lord Chief Justice is referred to as (for example) "Smith LCJ" or "Lord Smith CJ", and the Lord Chancellor as "Smith LC". In court, the Lord Chief Justice wears a black damask gown with gold lace along with a short wig during criminal cases and the black civil gown with gold tabs during civil cases. Ceremonially, the Lord Chief Justice wears the red robe with white trim along with a gold chain and full wig. The Lord Chancellor wears white winged shirt with ruffled collar, black waistcoat, and black coat underneath the black damask gown with gold lace, and black knee length breeches with black silk stockings, and full bottomed wig during ceremonial occasions.

There are four Heads of Divisions aside from the Lord Chief Justice: the Master of the Rolls, the President of the King's Bench Division, the President of the Family Division and the Chancellor of the High Court. The Master of the Rolls is head of the Civil Division of the Court of Appeal. The other Heads are in charge of the three divisions of the High Court. The Chancellor of the High Court is President of the Chancery Division of the High Court. Until 2006 this role was nominally held by the Lord Chancellor, but was in practice delegated to the Vice Chancellor. The Vice Chancellor was renamed Chancellor of the High Court when the Lord Chancellor's judicial role was abolished. The Heads of Division are referred to in law reports as "Smith MR", "Smith P", "Smith P", and "Smith C" respectively. Vice Chancellors from pre 2006 Chancery cases were referred to as "Smith VC". In court, the Heads of Division wear a black damask gown with gold lace along with a short wig during criminal cases and the black civil gown with gold tabs during civil cases. Ceremonially, the Heads of Division wear red gowns with white trim along with full wigs except for the Master of the Rolls who wears the black damask gown with gold lace and full wig.

Judges of the Court of Appeal are known as Lords Justices, and they too are Privy Counsellors. Before swearing in they may be referred to as the Honourable Lord Justice Smith, and after swearing in as the Right Honourable Lord Justice Smith. Female Lord Justices are known as Lady Justices. Addressed as "My Lord" or "My Lady". In law reports, referred to as "Smith LJ", and, for more than one judge, "Smith and Jones LJJ". Formerly, Lords Justices of Appeal could only be drawn from barristers of at least 10 years' standing. In practice, much greater experience was necessary and, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed so that, as of 21 July 2008, a potential Lord Justice of Appeal must satisfy the judicial appointment eligibility condition on a 7 year basis. The Lord Justices wear black silk gowns and court coats (or bar jackets) and short wigs during criminal cases and the black civil robe with gold tabs for civil cases. For ceremonial occasions, they wear the full wig and black damask gown with gold lace.

Circuit judges are referred to as His/Her Honour Judge {surname} e. g. His/Her Honour Judge Smith. If a circuit judge is appointed who has the same surname as another serving circuit judge, he (she) will be referred to as His (Her) Honour Judge {first name} {surname}. e. g. His Honour Judge John Smith. Circuit judges are addressed as "Your Honour", unless sitting in the Central Criminal Court (the Old Bailey), in which case addressed as "My Lord (Lady)". Senior circuit judges who sit as the honorary recorder of a borough or city are also entitled to be addressed in court as "my lord/lady." In law reports, circuit judges are referred to as "HHJ Smith", or simply, "Judge Smith." Formerly, circuit judges could only be drawn from barristers of at least ten years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed

A solicitor or barrister who sits part time as a district judge (who may be taking their first steps on the route to becoming a full time district judge). Retired district judges sometimes sit as deputies. Addressed as "Sir" or "Madam". In law reports, referred to as "DDJ Smith". Formerly, deputy district judges could only be drawn from barristers and solicitors of at least seven years' standing. However, in 2004, calls for increased diversity among the judiciary were recognised and the qualification period was changed

There are a range of professionals who support the judiciary in complex legal cases where there is an interface between the law and another professional area. In these matters, sometimes non legally qualified judges are appointed to preside over specialist areas. These judges are sometimes referred to as fee paid (judiciary) officer holders, or non legal members. An example are those appointed by the Lord Chancellor to sit over Mental Health Review Tribunal. Within this tribunal, there are three panel judges, one will be a legally qualified lawyer, whilst the other two are drawn from the mental health professions, such as social work, nursing or psychology, these are known as Specialist Lay Members. The other is a consultant psychiatrist, known as the Medical Member. All members are addressed as "Sir" or "Madam", but unlike magistrates, these members are paid for their service, normally a day rate for sitting. Also unlike their magistrate counterparts, these members are recruited in the same manner as other judges via the Judicial Appointments Commission.

Magistrates (also known as Justices of the peace) are trained volunteers appointed from the local community, who generally sit in threes in order to give judgment in magistrates' courts and youth courts. The chair is addressed as "Sir" or "Madam" or the bench is addressed as "Your Worships".